On The Elimination Of Criminal Record

In China, it seems that there is not specified criminal records system in the Penal Code, however, it exists. At the same time, China's definition of criminal record, as well as the scope of criminal record is no clear legal provisions, which lead to the ambiguity of the concept , result in too broad scope of application, and potentially increase the difficulty for prisoners to return to society. Although the relevant provisions of previous convictions, to a certain extent, played a deterrent to criminals, crime prevention effects, with the development of society, ex-convicts become increasingly evident to the limitations of the special prevention. Crime, particularly in the different people, different types of crimes, crime prevention role of the different regions is outstripping. Criminal record has a strong theoretical foundation for eradication, for one thing,it is the perfect combination of law fairness, justice and utilitarian in nature from a legal perspective. Since the occurrence of human society,justice has ever been seen as the noble ideals and virtues of human society, law and justice is seen as the protection of God. The author believes that eternal criminal record laws lack justice, which is at odds with the law .for another, Criminological theory from the social environment, human factors aspects of self-elimination of the criminal record of one to provide the necessary theoretical support. The author considers that social factors are the important elements which lead crime. In certain situation, regarding a criminality, responsible is not only the author, moreover the society must take certain responsibility. To avoid their crime creation, creating reasonable social environment condition is society's duty, the society has the responsibility to provide the convenience for criminal record's elimination. the mature theory of criminal law theory complete elimination of the criminal record system, and the development of sociology opens the door for the previous prisoners to return to society. Although criminal record's existence is by no means penalty itself, as the penalty system's constituent, it has the common validity with the penalty foundation without doubt, However, from the nature of China's criminal record permanently keep the impact of retribution, we are not to be difficult to discover that right theory of just the most basic requirement has been riddled with problems, lost. Therefore criminal record's elimination goes without saying that it ought to be the inherent requirements. Although the existence of previous convictions is not the penalty itself, but as an integral part of the penal system, no doubt with the penalty there was a common basis of legitimacy, but from the nature of China's criminal record permanently keep the impact of retribution, we can easily find the right theory of just the most basic requirement has been riddled with problems, lost. Therefore, criminal record's elimination is inherent requirements of Retribution theory. Also, the eradication of foreign legal provisions relating to criminal records provides us with a wealth of experience. The author considers that the social purpose of defense should not only making the personal and property safe, the essential goal is to improve those anti-social person and revert them to the community. In other words, social defense's ultimate goal is to make anti-social to adapt to the social order, rather than to impose sanctions on them. However, the criminal record system's existence was without doubt once again make those people who had committed crimes exclude from normal social life for a long time, and pushed them to the opposite side of society, which created him (her) become the normal order of the opposing forces from the system. Obviously, this is inconsistent with principles of social defense, and also impossible to achieve a special preventive effect of punishment. The eradication of criminal record is to eradicate penalties for the perpetrators of the aftermath effect. Previous convictions, including the eradication of the main ways of statutory criminal record wiped out the criminal record, elimination of the criminal record found, and pardon criminal record elimination. A responsible state or society must not only be able to be satisfied to punish offenders, but also considers how to finding a suitable place in society for those who served their sentences, For that, we firstly should ensure the system, and in the specific procedures give clearly define, finally, the sentenced person will play down to a normal social beings.Article text is about 26,000 words, which is divided into six parts. The first part is about criminal record elimination's concept; The second part is the criminal record's value aspect limitation in the special prevention; The third part, the criminal record eliminates theory basis; The fourth part, overseas eliminates the related stipulation about the criminal record; Fifth, the condition and type of criminal record elimination's; The Sixth part, the suggestion about eliminating the system legislation to our country criminal record as well as the operation pattern to eliminating the criminal record.The first part: Through the concept which eliminates to the criminal record researches the analysis to propose author's viewpoint. The author thought that the criminal record elimination was refers to the crime author to which the court make the guilty decision carry out penalty, after the execution of punishment finished or remitted in certain period, the criminal antecedents has not had the situation which violated the criminal law, the country wipes disappears or no longer demonstrated that in its police records, and caused to its disadvantageous legal condition vanishing, regained the normal legal status the legal proceeding.The second part: Criminal record's special prevention value aspect's limitation, mainly elaborate on the type person, the different crime type and the different region's limitation from criminal record's special prevention value aspect.The third part: Adoption of the jurisprudence, criminology, criminal law, sociology, etc. arguments to support the reason which the criminal record eliminates.The fourth part: Introduced that overseas related legislation which and stipulation eliminates about the criminal record. Through the introduction about criminal record elimination's articles in Japan, France, Russia, the author analyzes its significance, with the hope of introducing the criminal record for our country to eliminate profits from the experience.The fifth part: Through condition and type analysis discussion eliminating to the criminal record, the author provides the basis for our country concrete operations.The sixth part: Put forward the legislative proposal as well as the concrete operations way in view of our country current situation.